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STATE v. ERVIN

No. 64252.

93 Ohio App.3d 178 (1994)

The STATE of Ohio, Appellant, v. ERVIN, Appellee.

Court of Appeals of Ohio, Cuyahoga County.

Decided February 14, 1994.

Attorney(s) appearing for the Case

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Thomas A. Rein Assistant County Prosecuting Attorney, for appellant.

Donald Butler, for appellee.

PATTON, Presiding Judge.

The state of Ohio (the "state") appeals from the trial court's sentencing order placing defendant-appellee on probation after the jury returned a guilty verdict for one count of aggravated robbery (R.C. 2911.01) and a not guilty verdict on the accompanying firearm specification. The state contends that the appellee is ineligible for probation pursuant to R.C. 2951.02(F)(3) despite the jury's not guilty verdict on the firearm specification...

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